The compilation which follows is from the appendices of James Parkes: The Conflict of the Church and the Synagogue: A Study in the Origins of Antisemitism, (New York: JPS, 1934). The reference C.T. refers to the Code Theodosianus; C.J. refers to the Corpus Juris Civilis of Justinian. Both these codes compiled earlier laws, and it is from the texts of these compilations that the earlier legal history can be established.

LAWS OF THE UNDIVIDED EMPIRE

Laws of Constantine r. 311-337

C.T., 16.8.1; to Evagrius, 18.x.315. On converts to Judaism and to Christianity.

C.T., 16.8 .3; to the Officials at Cologne, I I xii .321. With certain exceptions Jews are to be called to the Decurionate.

C.T., 16.8.2; to Ablavius the Pretorian Prefect, 29.xi.330 On the relation of Jews to the Decurionate.

C.T., 16.8.4; to the Jewish Priests, Rabbis, Elders and other authorities, I xii.331. Immunities of synagogue authorities.

C.T., 16.8.8; to Tatianus, P.P., 17.iv.392. Jewish right of excommunication.

C.T., 16.8.9; to Addeus, Commander-in-Chief of the Eastern Command, 29.ix.393. Judaism is a lawful sect.

C.J., 1.9.7; to Infantius, Governor ofthe Eastern Provinces, 30.xii.393. Jews may only marry according to Christian table of affinity. [The text of this law is not to be found in the Codex Theodosianus]

LAWS OF THE WESTERN PROVINCES OF THE EMPIRE

Laws of Honorius r. 395-423

C.T., 12.1.157; to Theodorus, P.P., 13.ii Or ix.398. Jewish duty in the Decurionate.

C.T., 12.1.158; ditto.

C.T., 16.8.14; to Messala, P.P., I I iv.399. Confiscation of the aurum coronarium.

C.T., 16.8.16; to Romulianus, P.P., 22.iv.404. Exclusion of Jews from military and court functions.

C.T., x6.8.29; to John, Count of the Sacred Largesse, 30.v.420. All special Jewish taxes to be confiscated to Charity Fund.

Novella 3; to Florentius, P.P., 31.i.438. No Jew to hold office; new synagogues not to be built; proselytising to be punished with death; new synagogues to be confiscated; burdensome public office to be undertaken; Jewish law to be followed in private cases only.

COUNCILS OF THE EMPIRE UP TO THE TIME OF THE PUBLICATION OF THE THEODOSIAN CODE

Canon 16. Gospels to be read on Saturday. Canon 29. Christians to work on Sabbath. Canon 37. Gifts for feasts from Jews, and sharing feasts with Jews, prohibited. Canon 38. Unleavened bread not to be accepted from Jews, and Jewish feasts to be avoided.

The Apostolic Canons

Canon 61. Denying Christianity through fear of Jews. Canon 63. Entering a synagogue prohibited. Canon 69. Feasting or fasting with Jews prohibited. Canon 70. Oil not to be taken into synagogue for feasts.

LEGISLATION OF THE WESTERN KINGDOMS: THE VISIGOTHS

Laws of Reccared I of 588

12.2.12. Purchase, possession and circumcision of non-Jewish slaves.

Laws of Sisebut of 612

12.2.13. Christian slaves of Jews to be freed; converts to Christianity to inherit; other legislation affecting slaves. 12.2.14. Liberation of Christian slaves; mixed marriages; irrevocability of this law.

Laws of Chindaswinth of between 641 and 652

12.2.16. Christians Judaising.

Laws of Recceswinth of c. 652

12.2.2. Christian doctrine not to be criticised. 12.2.3. Laws are to be considered irrevocable and strictly enforced. 12.2.4. Apostasy not to be permitted. 12.2.5. Passover and Jewish feasts not to be observed. 12.2.6. Marriage only by Christian tables of affinity. 12.2.7. Circumcision prohibited. 12.2.8. Distinctions of foods prohibited. 12.2.9. Actions or evidence against Christians prohibited. 12.2.10. Evidence against Christians prohibited. 12.2.11. Lawbreakers to be stoned or enslaved. 12.2.15. Jews on no account to be protected by clergy.

Laws of Erwig of c 680

12.3.1. Owing to Jewish evasions all laws to be re-enacted, except those concerning manumission and capital punishment. 12.3.2. Blasphemy against Christian doctrine to be punished." 12.3.3. All Jews to submit to baptism. 12.3.4. Practice of Jewish customs to be punished. 12.3.5. Celebration of Jewish feasts to be punished. 12.3.6. Work on Sunday to be punished, and special feasts to be observed. 12.3.7. Distinctions of meats prohibited, except for those physically unable to eat pork. 12.3.8. Marriage to be according to Christian customs. 12.3.9. Blasphemers and apostates to be punished. 12.3.10. Jewish bribes not to be accepted. 12.3.11. Jewish books and teaching to be suppressed. 12.3.12. Jews not to own Christian slaves. 12.3.13. Jews to sell their Christian slaves or prove their own orthodoxy. 12.3.16. Treatment of apostate slaves. 12.3.17. No Jew to exercise authority over Christians. 12.3.18. Slaves desiring to become Christians to be free to do so. 12.3.19. No Jew to be appointed bailiff of Christian property. 12.3.20. Regulations affecting Jewish travellers. 12.3.21. Feast days to be spent in presence of bishop, or suitable Christian. 12.3.22. Jewish employees to be obliged to obey regulations. 13.3.23. Clergy to see to carrying out of these laws. 12.3.24. Penalties for corruption or laxity. 12.3.25. Lay judges not to act without ecclesiastical supervision. 12.3.26. Local religious authorities responsible for strict enforcement. 12.3.27. Limitation of royal prerogative of pardon. 12.3.28. Method of publication of this legislation.

Canon 4. Jews not to work on Sunday. Canon 9. Psalms not to be sung during Jewish funerals. Canon 14. Jewish fortune-tellers not to be consulted.

Toledo IV, 633

Canon 57. Jews not to be compelled to be baptised. Canon 58. Jewish bribes not to be accepted by Christians. Canon 59. Apostates to be punished. Canon 60. Children of Jews to be brought up by Christians. Canon 61. Children of apostates to inherit. Canon 62. No communication to be allowed between baptised and unbaptised Jews. Canon 63. In mixed marriages unconverted partner must be baptised and children brought up Christians. Canon 64. Apostates not to be allowed as witnesses. Canon 65. Jews and Jewish Christians to be excluded from public office. Canon 66. Jews not to own Christian slaves.

Toledo VI, 638

Canon 3. Jews remaining in Spain must be baptised.

Toledo VIII, 653

King's Speech (Recceswinth). Denunciation of apostates.

Canon 10. Future sovereigns must be orthodox. Canon 12. Jews remaining in Spain must be baptised.

COUNCILS OF THE FRANKS

Canon 13. Regulations for Christian servants of Jews; intermarriage; attending Jewish festivities. Canon 28. Sunday not to be observed in Jewish fashion. Canon 30. Jews not to mix with Christians between Holy Thursday and Easter.

Orleans IV, 541

Canon 30. Christian slaves of Jews to be redeemed on request. Canon 31. Conversion of servants to Judaism prohibited.

Orleans V, 548

Canon 22. Conditions to be observed when slaves take refuge in churches.

Macon, 581

Canon 2. Jewish conversation with nuns. Canon 13. Jews not to be judges or tax collectors. Canon 14. Jews not to mix with Christians between Holy Thursday and Easter. Canon 15. Christians not to take part in Jewish festivities. Canon 16. Christian slaves to be redeemed. Canon 17. Attempted conversion of slave to Judaism to be punished.

Paris, 614

Canon 15. Jews seeking positions of authority to be baptised.

Reims(?), 624

Canon I I. Christians not to be sold to Jews; Jews not to hold office. Jewish slanders against Christianity to be refuted.

[This last may be a scribe's error for: 'Jewish banquets not to be attended', reading' convivia 'for'convicia '. It is so given in Concilium Clippiacense]

Chalons sur Saone, 650

Canon 9. Slaves not to be sold beyond frontiers, so as not to fall into hands of Jews.

Canons of Carthage ', or' of the African Church

Canon 84. Jews, heathen and heretics to be allowed into church up to the missa catechumenorum. Canon 89. Judaising to be suppressed. Canon 196. Jews and others not to give evidence.

COUNCILS OF THE PAPACY

Rome, 743

Canon 10. Intermarriage.

LEGISLATION OF THE EASTERN EMPIRE

The Code of Justinian contained certain laws from the Code of Theodosius. These are marked with an asterisk. Except where noted, they were unchanged.

C.J., 1.1.4; to Palladius, P.P., 7.ii.452. Christianity not to be discussed in public.

Laws of Justin and Justinian

C.J., 1.5.12 of 527 ' Heretics are all such as do not belong to the Catholic faith including Jews. They are not to hold any office; or follow profession of law. Heavy penalties for connivance with evasion.

Laws of Justinian, r 527-565

C.J., 1,5.13, no date or address. Orthodox children not to be disinherited by Jewish parents.

Ecloga, App. 6.28. Slave of Jew desiring to become Christian to be freed.

Ecloga, App. 6.30. Circumcision of Christian to be punished.

COUNCILS OF THE EASTERN EMPIRE

Chalcedon, 451

Canon 14. Marriageable members of clergy not to wed Jew.

Trullanum, 692

Canon II. No Christian to eat unleavened bread with Jew, use them as doctors or bathe with them.

Nicaea II, 787

Canon 8. Baptised Jews who lapse are to be treated as Jews.

'Forged' Canons of Nicaea

Canon 52 (56). Clergy are not to eat or have business associations with Jews.

APPENDIX: NOVELLA 146 OF JUSTINIAN

8.ii.553. Nov.146. Justinian to Areobindas, P.P.

A Permission granted to the Hebrews to read the Sacred Scriptures according to Tradition, in Greek, Latin or any other Language, and an Order to expel from their community those who do not believe in the judgment, the Resurrection, and the Creation of Angels.

Preface.

Necessity dictates that when the Hebrews listen to their sacred texts they should not confine themselves to the meaning of the letter, but should also devote their attention to those sacred prophecies which are hidden from them, and which announce the mighty Lord and Saviour Jesus Christ. And though, by surrendering themselves to senseless interpretations, they still err from the true doctrine, yet, learning that they disagree among themselves, we have not permitted this disagreement to continue without a ruling on our part. From their own complaints which have been brought to us, we have understood that some only speak Hebrew, and wish to use it for the sacred books, and others think that a Greek translation should be added, and that they have been disputing about this for a long time. Being apprised of the matter at issue, we give judgment in favour of those who wish to use Greek also for the reading of the sacred scriptures, or any other tongue which in any district allows the hearers better to understand the text.

Ch. I.

We therefore sanction that, wherever there is a Hebrew congregation, those who wish it may, in their synagogues, read the sacred books to those who are present in Greek, or even Latin, or any other tongue. For the language changes in different places, and the reading changes with it, so that all present may understand, and live and act according to what they hear. Thus there shall be no opportunity for their interpreters, who make use only of the Hebrew, to corrupt it in any way they like, since the ignorance of the public conceals their depravity. We make this proviso that those who use Greek shall use the text of the seventy interpreters, which is the most accurate translation, and the one most highly approved, since it happened that the translators, divided into two groups, and working in different places, all produced exactly the same text.

i. Moreover who can fail to admire those men, who, writing long before the saving revelation of our mighty Lord and Saviour Jesus Christ, yet as though they saw its coming with their eyes completed the translation of the sacred books as if the prophetic grace was illuminating them. This therefore they shall primarily use, but that we may not seem to be forbidding all other texts we allow the use of that of Aquila, though he was not of their people, and his translation differs not slightly from that of the Septuagint.

ii. But the Mishnah, or as they call it the second tradition, we prohibit entirely. For it is not part of the sacred books, nor is it handed down by divine inspiration through the prophets, but the handiwork of man, speaking only of earthly things, and having nothing of the divine in it. But let them read the holy words themselves, rejecting the commentaries, and not concealing what is said in the sacred writings, and disregarding the vain writings which do not form a part of them, which have been devised by them themselves for the destruction of the simple. By these instructions we ensure that no one shall be penalised or prohibited who reads the Greek or any other language. And their elders, Archiphericitae and presbyters, and those called magistrates, shall not by any machinations or anathemas have power to refuse this right, unless by chance they wish to suffer corporal punishment and the confiscation of their goods, before they yield to our will and to the commands which are better and clearer to God which we enjoin.

Ch.II.

If any among them seek to introduce impious vanities, denying the resurrection or the judgment, or the work of God, or that angels are part of creation, we require them everywhere to be expelled forthwith; that no backslider raise his impious voice to contradict the evident purpose of God. Those who utter such sentiments shall be put to death, and thereby the Jewish people shall be purged of the errors which they introduced.

Ch. III.

We pray that when they hear the reading of the books in one or the other language, they may guard themselves against the depravity of the interpreters, and, not clinging to the literal words, come to the point of the matter, and perceive their diviner meaning, so that they may start afresh to learn the better way, and may cease to stray vainly, and to err in that which is most essential, we mean hope in God. For this reason we have opened the door for the reading of the scriptures in every language, that all may henceforth receive its teaching, and become fitter for learning better things. For it is acknowledged that he, who is nourished upon the sacred scriptures and has little need of direction, is much readier to discern the truth, and to choose the better path, than he who understands nothing of them, but clings to the name of his faith alone, and is held by it as by a sacred anchor, and believes that what can be called heresy in its purest form is divine teaching.

Epilogue.

This is our sacred will and pleasure, and your Excellency and your present colleague and your staff shall see that it is carried out, and shall not allow the Hebrews to contravene it. Those who resist it or try to put any obstruction in its way, shall first suffer corporal punishment, and then be compelled to live in exile, forfeiting also their property, that they flaunt not their impudence against God and the empire. You shall also circulate our law to the provincial governors, that they learning its contents may enforce it in their several cities, knowing that it is to be strictly carried out under pain of our displeasure.